LOCASCIO v. AQUAVELLA


185 A.D.2d 689 (1992)

Joseph A. Locascio, III, Respondent, v. James V. Aquavella, M.D., P. C., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 14, 1992


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying defendants' motion to dismiss plaintiff's amended cause of action for fraud. Although stated in terms of fraud, the gravamen of plaintiff's fourth cause of action is that defendants did not intend to perform their obligations under the February 12, 1987 letter of intent by permitting plaintiff to purchase...

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